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HOUSE. 



No. 70. 



REPORT 



ON THE 



REMOVAL OF THE SEAT OF GOVERNMENT. 



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SEAT OF GOVERNMENT. [March, 



&ommoutocaltfj of jyHassatfnt^ett^. 



House of Representatives, Feb. 26, 1839. 

Ordered, That a Committee of one from each county 
be appointed, to consider and report upon the expediency 
of removing the Seat of Government of this Common- 
wealth from Boston to some interior town, and the fol- 
lowing gentlemen were appointed, namely : 

Messrs. Hood, of Lynn ; 

Fairbanks, of Boston; 
Locke, of Charlestown ; 
Washburn, of Worcester; 
Smith, of Hadley ; 
Munn, of Monson; 
Sheldon, of Leyden; 
Lawrence, of Dalton ; 
Thayer, of Braintree ; 
Macomber, of New Bedford ; 
Farris, of Plymouth; 
Jones, of Falmouth; 
Bradley, of Tisbury ; 
Briggs, of Nantucket. 

Signed, 

L. S. CUSHING, Clerk. 



1839.] HOUSE— No. 70. 3 



&ommontotiilt{j of J^tassacfmaettB. 



House of Representatives, 

Boston, March 30, 1839. 

The Committee appointed under an order of the House, 
on the 26th February last, " to consider the expediency 
of removing the seat of government to some interior 
town," respectfully ask leave to submit the following 

RE PORT: 

They view the question submitted to them as one of 
grave importance, — one in which the varied interests of 
the Commonwealth are deeply concerned, on account of 
its bearing and effects upon the future welfare of society. 
In entering upon the consideration of the subject, they 
cannot but feel sensibly the important duty which devolves 
upon them, to lay aside all local feelings and prejudices, 
and approach it with a solemn sense of their responsive- 
ness to the people of the whole Commonwealth. The 
reasons which probably induced the Legislature of 1795 
to locate the State-house in this city, are no longer in 
operation. At that time, Maine was a part of our terri- 
tory ; such were the condition of the roads, and the diffi- 



4 SEAT OF GOVERNMENT. [March, 

culties of travelling in the country, that a large portion of 
the population of the State was better accommodated by 
having the seat of government on the seaboard. The 
town of Boston was more accessible, and the means of 
receiving from, and transmitting information to, the dif- 
ferent parts of the Commonwealth, were greater there 
than at any other place. Now the voice of Maine is no 
longer heard in our councils. Our State is intersected 
by fine roads in every direction. By removing to some 
place in the interior, near one of the great rail-roads, 
there would be as much convenience for travelling, and 
communication could be kept up with the remote parts of 
the Commonwealth, with as much facility as in the city. 

At the time the present location was made, Boston had 
but a small part of the influence she now possesses. She 
had then seven representatives and three senators. Now 
she is entitled to fifty-six representatives and six senators. 
Her wealth and power in other respects have increased 
in a still greater proportion. The valuation of property 
in the county of Suffolk, in 1830, was $80,244,000. 
The whole valuation of property in the State, in 1830, 
was $208,000,000. Suffolk had more than any four 
counties in the State, and more than nine of the smaller 
counties, and, as we shall proceed to show, controls the 
principal part of the monied power in the whole Com- 
monwealth. She is the head, and controls, mainly, the 
vast number of corporations that have grown up under the 
fostering care of our government. 

She is also the head, and has the management, of the 
powerful machinery of our banking system. The Suffolk 
Bank is the greu centre, around which the minor satel- 
lites, throughout the State, revolve ; and it is the boast 
of the friends of the " Suffolk system," that, by her 



1839.] HOUSE— No. 70. 5 

power, they are kept within their orbits, and are regu- 
lated and restrained. Here then we have 120 banks, 
scattered throughout the Commonwealth, with an aggre- 
gate capital of $35,000,000, and a circulation of #10,- 
000,000, all regulated and controlled by the banks in this 
city. 

To this vast amount of individual and corporate wealth 
and commercial influence, is to be added the powerful 
talents that are always at their command, — also, a still 
greater power, that of the press. 

The power exercised through the medium of the press, 
by the great interests centered in this city, is so generally 
acknowledged and so well understood, that it is unneces- 
sary for us to enlarge upon this point. Enough has been 
said to show, that there is concentrated here a tremendous 
influence, which is liable to be abused wherever these 
interests come in conflict with the will of the people. It 
must be apparent to reflecting men, that, in times of high 
party excitement, this powerful influence can be, and, 
without doubt, has been, brought directly to bear upon 
the action of the legislative and executive branches of the 
government. It would seem, then, to be the part of 
wisdom to remove them as far beyond the reach of these 
influences as possible. 

The power of these great interests will, without doubt, 
be exercised, wherever the government may be located ; 
but it must be obvious, that, in a great city, where they 
are necessarily brought into direct contact, and where 
there can be brought to their aid the social influences, 
which operate so powerfully on the minds of men, there 
the danger is much more to be feared. 

That Boston will continue to increase in power, wealth 
and influence, in a much greater ratio than she has here- 



6 SEAT OF GOVERNMENT. [March, 

tofore, cannot be doubted. An extensive and increasing 
commerce is pouring streams of wealth into the already 
well filled coffers of her merchants, the numerous rail- 
roads that are diverging from her in all directions, will 
bring in a vast amount of trade, — the products of the soil, f 

and the manufactures of the interior, will be brought to 
her market. In addition to all this, we are told that the 
immense trade of the new and flourishing states of the 
west, is to be poured in showers of gold upon her, over 
the great western rail-road, to which the State has so 
liberally lent her aid. We hope the anticipations of the 
most sanguine will be realized. As sons of Massachu- 
setts, we are proud of the high character of the " literary 
emporium," — her scientific and literary institutions, her 
noble charities, her princely merchants, the works of her 
authors, the skill of her mechanics and artisans, are an hon- 
or to our State. We would do nothing to abridge her pros- 
perity, but would use all proper means to encourage her cit- 
izens in their laudable efforts for improvement. We have 
great confidence in the honor and integrity of her citizens, 
but the history of the past teaches us a lesson which we can- 
not overlook ; — that power, wherever it has been concen- 
trated, and placed beyond the reach of the people, has al- 
ways been abused. It was remarked by a sage observer, 
one well skilled in a knowledge of human nature, and for 
many years a member of the different branches of this 
Legislature, that Boston would have her full share of in- 
fluence, if she had but one member in either branch, so 
long as the seat of government remained there. 

Your Committee are deeply impressed with the con- 
viction, that the purity of legislation, and the unbiassed 
administration of the government for the good of the 
whole people of the Commonwealth, are of importance, 



1839.] HOUSE— No. 70. 7 

paramount to all other considerations, which have a bear- 
ing on this subject. They are satisfied that these de- 
mand the immediate removal of the seat of government 
to the country. 

In regard to convenience, we have before stated, that 
the facilities for travelling and rapidity of communication, 
would be equally as great in the country as in the city. 
Wherever the State-house may be located, there will be 
found ample accommodations for the members. The en- 
terprise of our people leaves us nothing to fear on this 
score. 

The people of our State are evidently in favor of a pru- 
dent and economical administration of the government. 
The executive officers and members would be able to 
live at much less expense in the country than they can in 
the city, for the same reasons that private families can do 
so. Rents are there much lower, as well as most other 
expenses. Thus would be taken away one of the prin- 
cipal arguments in favor of paying high salaries. The 
large number of clerks and other individuals employed in 
the public offices, could be hired for much less than they 
now receive ; they are obliged to demand more pay in 
consequence of the great expenses of living in the city. 

Again — it cannot be doubted that the sessions of the 
Legislature would be much shortened, and thereby a 
large sum saved to the treasury. The business of the 
State would not only be done in less time, but it would 
be done much better, and with more efficiency. There 
are so many objects of pursuit, to distract the attention of 
the members in the city, and so many of them have their 
private business to attend to, it is to be feared that the 
business of the State is often neglected. If they were go- 
ing into the country to legislate, they would arrange their 



8 SEAT OF GOVERNMENT. [March, 

private affairs beforehand, and go prepared to devote their 
undivided attention to the important business entrusted to ' 
them by their constituents. 

It has been stated, that if the seat of government 
should be removed, this State-house and land would re- 
vert to the city. Your Committee called on the Attor- 
ney General for his opinion on the subject, which is ap- 
pended to this report. [See document marked A.] He 
also furnished them with a copy of the deed of the town 
of Boston to the Commonwealth. [See document B.] 

Your Committee concur fully with the Attorney Gen- 
eral in his opinion, that " the Commonwealth has an ab- 
solute and indefeasible title to the premises." There is 
nothing in the deed respecting reversion of the property — 
it was conveyed to the State in " fee simple forever." 
We are satisfied, that the Commonwealth has a right to 
sell it at any time, and give a clear title to the purchaser. 
The exhausted state of the treasury has been brought 
forward as one of the principal arguments against removal. 
This has no weight, for it will be readily seen, that 
more money will be put into the treasury, than will be 
drawn out, by the proposed measure. This State-house, 
and land, it is estimated, will sell for from 400,000 to 
500,000 dollars.* A splendid new State-house can 
probably be built, for about 300,000 dollars. This State 
House cost about $140,000. It will be desirable to 
build one larger, and more convenient, as well as an orna- 
ment to our State. The land to build it upon will most 
probably be furnished by the town in which it may be 
located, therefore we may safely calculate upon putting 

* Since writing the foregoing, we have seen it stated in one of the Bos- 
ton newspapers, that this State-house and land, is worth a million of dollars. 



1839.] HOUSE— No. 70. 9 

money into the treasury, after paying all the expenses of 
the change. 

Your Committee were informed, that the city of Bos- 
ton, contemplates building a City Hall. This State- 
house, may probably be disposed of favorably for that 
purpose. 

Some of your Committee were disposed to refer the 
subject of removal, to the next Legislature, in conse- 
quence of Boston's not being fully represented at this 
session. They were, however, informed by some of her 
delegation, that they were ready to meet the question 
now, and that they expected the opposition would prob- 
ably come from another quarter. Your Committee were 
highly gratified by the magnanimity, exhibited by them 
on this occasion. 

It has no doubt, been very pleasant to the country 
members, to spend the period of the sessions amid the 
cordial hospitalities of their city friends. Many who 
have business here, have probably found it more con- 
venient than any other place. It cannot be supposed that 
any considerations of private gratification, or convenience, 
will be allowed to have any weight in forming an opinion 
on this subject. 

A proper regard to the oath of office, and the interests 
of their constituents, will lead all to decide impartially. 
Their action at this time will without doubt have an im- 
portant bearing on future legislation. 

Your Committee would call the attention of the House 
to the course pursued by our sister states. Nearly all of 
them have iocated their seats of government in the inte- 
rior, often at a great sacrifice of present convenience. It 
cannot be doubted, that the principles discussed in this 
report, had great weight in the minds of their legislatures. 
2 



10 SEAT OF GOVERNMENT. [March, 

It is one of the strongest characteristics of the citizens of 
our State and country, that they are a people jealous of 
their liberties; they watch with a cautious eye, the least 
infringement of their rights. It is only necessary to point 
out to them an evil, and they are ready to take efficient 
measures, to correct it. If those they have set up to 
watch over their interests, are not vigilant, and active, 
they will be called to a strict account. The people do 
not expect them to wait for them to come here with pe- 
titions, and point out abuses, and liabilities to abuses. 
They expect their servants to be ever on the watch, to 
protect their interests, and always ready to act promptly 
and efficiently, whenever it becomes their duty. 

In view of the considerations herein set forth, your 
Committee have, come to the conclusion, — that it is ex- 
pedient to remove the seat of government to some inte- 
rior town, as soon as practicable. 

They therefore recommend the passage of the annexed 
resolves. 

All which is respectfully submitted, 

By order of the Committee, 

GEORGE HOOD, Chairman. 



1839.1 HOUSE— No. 70. 11 



<£ommotitoraltf) of JBas^icfjuaeits;. 



n the Year One Thousand Eight Hundred and Thirty- 
Nine. 



RESOLVES 

Concerning the Removal of the Seat of Government. 

Resolved, That if the Senate concur, this House will 

meet them in convention, on the day of 

and proceed to choose by ballot, five 

Commissioners, whoso duty it shall be to report to the 

next Legislature on the following subjects, viz : 

1st. The most suitable, and convenient place for the 
location of the seat of government, in one of the counties 
of Worcester or Middlesex, and the conditions on which 
an eligible site can be obtained, to build a State-house 
upon, and other necessary buildings, for the use of the 
Legislature and Executive branches of the government. 

2d. To procure a plan for a State-house, and other 
necessary buildings. 



12 SEAT OF GOVERNMENT. [March, 

3d. To ascertain the conditions on which this State- 
house can be disposed of to the city of Boston or other- 
wise. 

Resolved, That the compensation shall be two dollars 
per day for not exceeding twenty days, and one dollar 
for every ten miles' travel, from their several places of 
abode, and the governor is hereby authorized to draw his 
warrant on the treasury, for the payment of the same. 



1839.] HOUSE— No. 70. 13 



[A.] 



Attorney General's Office, 12 March, 1839. 

Sir: — In answer to jour letter of 9th inst., I have the 
honor to enclose, for the information of your Committee, 
a certified copy of the deed of the town of Boston to the 
Commonwealth, of the State-house land. 

A difference of opinion exists among professional men, 
as to the true construction of the grant, and in case the 
Commonwealth should undertake to alienate the property, 
it is very probable the city of Boston would interpose an 
objection, and a lawsuit be the consequence. 

In my judgment, any such lawsuit to recover the prop- 
erty for the city would be unsuccessful ; and that tht 
Commonwealth has an absolute and indefeasible title tc 
the premises. 

With great respect, your obedient serv't, 

JAMES T. AUSTIN. 

Geo. Hood, Esq. 



14 SEAT OF GOVERNMENT. [March, 



[B.] 



To all People to whom these presents shall come : 
We, William Tudor, Charles Jarvis, John Coffin Jones, 
William Eustis, William Little, Thomas Dawes, Joseph 
Russell, Harrison Gray Otis and Perez Morton, all of 
Boston, in the county of Suffolk, and Commonwealth of 
Massachusetts, Esquires, a committee of the town of 
Boston, aforesaid, and in behalf of the inhabitants of said 
town, hereto lawfully authorized ; send Greeting : 

Whereas the Legislature of the Commonwealth of 
Massachusetts did, at their last session, by a resolution 
passed the fifteenth day of February last, resolve to erect, 
build, and finish a new State-house, for the accommoda- 
tion of all the legislative and executive branches of gov- 
ernment, on a spot of ground in Boston, commonly called 
the Governor's Pasture, provided the town of Boston 
would, at their expense, purchase and cause the same to 
be conveyed, in fee simple, to the Commonwealth ; and 
did appoint the Hon. Thomas Dawes and Edward Hutch- 
inson Robbins, Esq. and Charles Bulfinch, Esq., agents 
on the part of said Commonwealth to erect the said build- 
ings, and to receive a deed of said land : And whereas, 
the aforenamed committee, being thereto duly authorized 
by the inhabitants of said town of Boston, have purchased 
the said pasture, in fee to the inhabitants of said town, for 
the sum of four thousand pounds, lawful money, and are 
also authorized to convey the same to the Commonwealth 
in fee simple, agreeably to the provision in the resolution 
aforesaid. Now, therefore, Know Ye, that we, the afore- 



1839.] HOUSE— No. 70. 15 

named committee, under the authority aforesaid, in the 
name and on the behalf of the inhabitants of said town, 
in consideration of the premises, and of five shillings paid 
us by the agents of the Commonwealth aforesaid, do 
hereby give, grant and convey to the Commonwealth of 
Massachusetts, a certain piece of land, situate in Beacon- 
street, aforesaid, commonly called Governor Hancock's 
Pasture, the same being butted and bounded as follows : 
beginning at the southeasterly corner of the garden of the 
late Governor Hancock, and thence running an easterly 
course on Beacon-street, about five hundred and forty- 
three feet three inches, more or less, to the corner of a 
street or passage-way leading up Beacon Hill ; thence 
running a northerly course upon said passage-way, towards 
the summit of said hill, two hundred and forty-nine feet, 
more or less ; thence running a westerly course upon 
another passage-way, leading round said hill, two hundred 
and thirty-five feet and three inches, more or less, until i* 
meets the northeasterly corner of the said late Governor 
garden ; thence running on a line with said garden, neaf' 
straight, about three hundred and seventy-one feet, to th 
first mentioned bounds. The above description being in- 
tended to comprise the said pasture as it is now fenced 
in. To Have and to Hold the above given and granted 
premises and appurtenances to the Commonwealth of 
Massachusetts, aforesaid, in fee simple forever, for the 
purpose of erecting, building, and finishing thereon a 
State-house, for the accommodation of all the legislative 
and executive branches of government, and such other 
public buildings or offices, with their appurtenances, as 
may be necessary and convenient, and may be required 
for the suitable accommodation of the several departments 
of government. In witness whereof, we, the said com- 







014 012 644 5 4 
16 SEAT OF GOVERNMENT. [March, '39. 

mittee of the said town of Boston, in behalf of the said 
inhabitants of said town, by them hereto authorized, have 
hereunto set our hands and seals, this second day of May, 
in the year of our Lord one thousand seven hundred and 
ninety-five : Wm. Tudor, H. G. Otis, John C. Jones, ™ 
Cha's Jarvis, William Eustis, Tho's Dawes, Jos. Russell, 
William Little, Perez Morton, and seals. Signed, sealed 
and delivered in presence of us : Nathan Dane, Samuel 
Barrett, witnesses to the executing this deed by Wil- 
liam Tudor, John C. Jones, Tho's Dawes, Joseph Rus- 
sell and Perez Morton, Esquires. Samuel Barrett, Jer- 
emiah Allen, witnesses to the executing this deed by 
Charles Jarvis, Esquire : Samuel Barrett and Eliza Bar- 
rett, witnesses to the executing the foregoing deed by 
William Little, William Eustis and Harrison Gray Otis, 
Esqrs. Suffolk, ss. : On the second day of May, A. D. 
1795, William Tudor, Harrison Gray Otis, John Coffin 
t,ones, Charles Jarvis, William Eustis, Thomas Dawes, 
e jseph Russell and William Little, Perez Morton, Es- 
t h\res, severally acknowledged the aforegoing to be their 
A «ed. Before me, Samuel Barrett, Justice of the Peace, 
^eb'y 11, 1796. Rec'd, entered and exam'd. 

Pr. HENRY ALLINE, Reg. 



A true copy from the Registry of Deeds of the county 
of Suffolk. Lib. 182, fol. 144. 

Attest, HENRY ALLINE, Reg. 



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